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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. CHARLES MATTHYS, a Texas Citizen; TYLER MATTHYS, a Texas Citizen, and LINDA PHILLIPS, a New Mexico Citizen, Plaintiffs, v. NARCONON FRESH START d/b/a A Life Worth Saving, Inc., ASSOCIATION FOR BETTER LIVING AND EDUCATION INTERNATIONAL; and NARCONON INTERNATIONAL, Defendants. _______________________________________________________________________________

COMPLAINT AND JURY DEMAND _______________________________________________________________________________

Plaintiffs Charles and Tyler Matthys and Linda Phillips

(“Plaintiff

s

”)

, through counsel, Ryan Hamilton of Hamilton Law, LLC, allege the following:

I. PARTIES

1.

Plaintiffs Charles and Tyler Matthys were, and at all relevant times to this Complaint are, residents of Texas. Plaintiff Linda Phillips was, and at all relevant times to this Complaint is, a resident of New Mexico. 2.

Defendant Narconon Fresh Start d/b/a A Life Worth Saving

(hereafter “

Fresh Start

”)

, is, and at all times relevant to this Complaint was, a corporation incorporated under the laws of, and

Case 1:14-cv-01304 Document 1 Filed 05/08/14 USDC Colorado Page 1 of 15

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with its principal place of business in, the State of California. Fresh Start has been at all relevant times transacting business in Fort Collins, Larimer County, Colorado. Fresh Start may be served with process through its registered agent, Mark Kirwin, 4480 Market St., Ste. 804, Ventura, CA 93003. 3.

Defendant Narconon International (“NI”) is a California corporation with its headquarters

in Los Angeles, California. 4.

NI is the parent/licensor of Defendant Narconon Fresh Start. NI exercises control over the

time, manner, and method of Fresh Start’s oper

ations. 5.

NI was doing business in the State of Colorado by and through its agent and subsidiary/licensee Defendant Narconon Fresh Start. NI may be served with process through its registered agent, Sherman D. Lenske, 6400 Canoga Ave., Suite 315, Woodland Hills, CA 91367. 6.

Fresh Start and NI are subsidiaries of the Association for Better Living and Education

(“ABLE”). ABLE oversees the drug rehabilitation, education, and criminal justice activities of the

Church of Scientology including, but not limited to, Fresh Start and NI. 7.

Defendant ABLE is a corporation registered in the State of California with its headquarters in Los Angeles, California. 8.

ABLE controls the time, manner, and method of NI’s and Fresh Start’s businesses by

actively managing their daily operations, including conducting inspections of Narconon centers and creating, licensing, and approving their marketing materials. 9.

ABLE transacts business in the State of Colorado by and through its agents, Narconon International and Narconon Fresh Start. ABLE may be served with process through its registered agent, Sherman D. Lenske, 6400 Canoga Ave., Suite 315, Woodland Hills, CA 91367.

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II. JURISDICTION AND VENUE

10. This Court has subject jurisdiction pursuant to 28 U.S.C. § 1332. The amount in controversy exceeds $75,000.00, and there is complete diversity between the parties. 11. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(a) because a substantial portion of the events and omissions giving rise to this lawsuit occurred in this District, and the Court has personal jurisdiction over each of the parties as alleged throughout this Complaint.

III. FACTUAL ALLEGATIONS

12. On or about February 20, 2014, Plaintiff Charles Matthys was seeking to find an appropriate substance abuse program for his son, Plaintiff Tyler Matthys. 13. That same day Charles spoke with Fresh Start employees Bryan Randall and Matt Kinser who convinced Charles to send his son for treatment

at Fresh Start’s

facility near Fort Collins, Colorado. 14. Fresh Start uses the Narconon treatment program. 15. Randall and Kinser made the following false representations to Charles about the Narconon treatment program that Fresh Start uses: (i) that the Narconon treatment program has a

75% “success rate;” (ii) that Narconon’s sauna program would eliminate Tyler’s drug cravings by

making him sweat out residual drug toxins in his cells; (iii) that Fresh Start would provide Tyler with extensive drug and addiction counseling from duly qualified professionals; and (iv) that Tyler would be under the care of a doctor or nurse at Fresh Start; and (v) that at least 50% of the cost of

the program would be covered by Tyler’s health insurance.

16. Randall and Kinser also directed Charles to the Narconon Fresh Start website for its facility in Fort Collins, Colorado, www. narcononcolorado.org. This website claimed that Fresh Start

has a 76% “success rate.” The website further claim

ed that the cornerstone of the program is
